Limitation of actions against persons acting in execution of this Act. General issue. Tender of amends. Offences committed before this Act. This Act not to extend to XXXI. And be it enacted, that for the protection of persons acting in the execution of this Act, all actions and prosecutions for damage to be commenced against any person for anything done in pursuance of this Act, shall be laid and tried in the county where the fact was or is charged to have been committed, and shall be commenced within two calendar months after the fact committed, and not otherwise, and notice in writing of such action and of the cause thereof shall be given to the defendant one calendar month at least before the commencement of the action; and in any such action the defendant may plead the general issue, or, in case of any action of replevin, may avow generally that the goods and chattels in question were taken under and by virtue of this Act, and may give this Act and the special matter in evidence at the trial to be had thereupon; and no plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought, nor if a sufficient sum of money shall have been paid into court after such action brought, by or on behalf of the defendant or avowant: Provided always, that in all such actions of damages the plaintiff shall be bound to establish, not merely that damages have been suffered by him, but that the same have been wilfully and maliciously caused by the defendant or avowant. XXXII. And be it enacted, that nothing in this Act contained shall extend to any person for any offence committed against the said herein before recited Acts or any of them before the passing of this Act, but every such offender shall and may be prosecuted and punished in the same manner as if this Act had not been made. XXXIII. And be it enacted, that nothing in this Act contained shall extend to Scotland or Ireland, or be construed to extend to repeal any Act or statute, or Scotland or part thereof, now in force, and not repealed by this Act. Ireland. To what trades this Act shall extend. Construction of terms. Commence- Act may be XXXIV. And be it enacted that this Act shall not extend to or be construed to extend to any manufacture, trade, occupation, or employment, except only the manufactures, trades, occupations, and employments following (that is to say), the manufacture of woollen, worsted, linen, cotton, flax, mohair, or silk materials in, on, or by the stocking-frame, warp machine, or any other machine employed in the manufacture of frame-work, knitted or looped fabrics, and every trade, occupation, operation, or employment whatsoever connected with or incidental to the manufacture of stockings, gloves, and other articles of hosiery. XXXV. And be it enacted, that in all cases under this Act the singular is to include the plural, and the masculine the feminine; and in an indictment or information for offences against the property of partners, joint stock companies, or trustees, it shall be sufficient to lay the ownership in the name of one partner or trustee and another or others; that the words "woollen, worsted, linen, cotton, flax, mohair, or silk materials," shall be construed to extend to any of the said materials mixed with each other or with any other material or materials; and that the words "manufacture" and "work" shall extend to all trades, occupations, operations, and employments whatsoever connected with or incidental to the manufacture of any of the said materials, or any parts, branches, or processes thereof, and likewise to such materials, whether the same or any part thereof be or be not in the whole or in part first wrought, made up, or manufactured or converted into merchantable wares. XXXVI. And be it enacted, that this Act shall commence on the first day of August, one thousand eight hundred and forty-three. XXXVII. And be it enacted, that this Act may be amended or repealed by this session. any Act to be passed in this present session of Parliament. ANNO OCTAVO ET NONO VICTORIE REGINÆ. CAP. LXXVII. An Act to make further Regulations respecting the Tickets of WHEREAS by an Act passed in the fifth year of the reign of King George the deliver with work. II. And be it enacted, that in the event of any dispute between the manu- Ticket to be facturer or his agent and the workman, such ticket, and the said duplicate thereof, evidence. shall be required to be produced, and shall, together or either of them, be evidence of all things mentioned therein or respecting the same. a pute arises III. Provided always, and be it enacted, that where the subject of dispute when disrelates to the alleged improper or imperfect execution of any work delivered to manufacturer or his agent, such piece of work shall be produced in order to adjudication, or if not produced shall be deemed and taken to have been sufficiently and properly executed. as to imperfect execu tion the work to be produced. Penalty on IV. And be it enacted, that if any manufacturer or agent shall neglect or refuse to deliver such ticket to such workman as aforesaid with the materials so manufacturer for nongiven out, and if such workman shall complain thereof to any justice of peace delivery of having jurisdiction in the place where the materials shall have been delivered ticket. out or where the workman shall reside, such justice may summon such manufacturer or agent to attend before two justices at a time or place appointed for hearing the complaint, and set forth in the summons; and if the person to whom such summons so directed appears according to the tenor thereof, or if he does not appear, and the due service of the summons is proved, the said justices may proceed to hear and determine the complaint; and if such neglect or refusal as aforesaid be proved, either by the confession of the party complained against, or by the oath of the complainant or of any other credible witness or witnesses, such justices may convict such offender, and may upon such conviction adjudge him to pay such penalty not exceeding five pounds, together with the costs attending the conviction, as such justices shall think fit, and the party so adjudged to pay such penalty and costs shall pay the same accordingly: Provided always, that in all convictions of adjudications under this Act one at least of the convicting or adjudicating justices shall be a person not engaged in any manu Power of witnesses. facture, trade, occupation, or employment to which this Act extends, and shall not be the father, son, or brother of any such person. V. And be it enacted, that if any of the parties to the said complaint shall summoning make oath before any justice having cognizance of such complaint that he or she believes that the attendance of any person as a witness will be material to the hearing of such complaint, such justice may summon such person, having been paid or tendered a reasonable sum for his expenses, to appear and give evidence on oath at a time and place set forth in the said summons; and if any person so summoned shall not appear at the time and place set forth in the said summons, and shall not make excuse for the default to the satisfaction of the justices there present, and if the due service of the summons be proved, or if such person appearing according to the summons shall not submit to be examined as a witness, then such justices may adjudge such person so making default in appearing or refusing to give evidence to pay such penalty not exceeding two pounds as such justices shall think fit, and the party so adjudged to pay such penalty shall pay the same accordingly. Service of summons. of penalty. VI. And be it enacted, that every summons required by this Act shall be served by delivering the same to the person summoned, or by leaving the same at his or her usual place of abode, twenty-four hours at least before the time appointed by the summons for such person to appear. Levying and VII. And be it enacted, that if any such penalty or costs so adjudged by any application justices to be paid is not paid immediately upon adjudication, such justices may issue their warrant to distrain and sell the goods and chattels of the person so adjudged to pay the same, for the amount thereof, with costs; and the proceeds of such distress, after paying the penalty and costs, and the costs of such distress and sale, shall be paid over to the person convicted; and the said penalty shall be paid over to the sheriff or other proper officer of the county, city, borough, or place in which such conviction shall take place, for her Majesty's use, and shall be returned to the court of Quarter Sessions, under the provisions of an Act passed in the third year of the reign of King George the Fourth, intituled "An Act for the more speedy return and levying of fines, penalties, and forfeitures, and recognizances estreated." 3 Geo. IV. c. 46. want of form. VIII. And be it enacted, that no order or conviction, or proceeding touching No certiorari the same respectively, shall be quashed for want of form, or be removed by allowed, nor distress un- certiorari or otherwise into any of her Majesty's superior courts of record; and lawful for that when any distress shall have been made for levying any money by virtue of this Act the distress itself shall not be deemed unlawful, nor the party making the same a trespasser, on account of any defect or want of form in the summons, warrant, conviction, warrant of distress, or other proceedings in relation thereto, nor shall the party distraining be deemed a trespasser from the beginning on account of any irregularity afterwards committed by him, but the person aggrieved by such irregularity may recover full satisfaction for special damage (if any) by action on the case. Interpreta tion of Act. Alteration of Act. IX. And be it enacted, that the word "manufacturer" in this Act shall be understood to mean any person furnishing the materials of work to be wrought into hosiery goods, to be sold or disposed of on his own account, and the word agent" to include any person conveying or delivering the same to the workman, and the word "workman" any person actually employed in the manufac ture of the same. X. And be it enacted, that this Act may be amended or repealed by any to be passed in the present session of Parliament. Act SCHEDULE. If the material to be manufactured be into Stockings: Gauge. Ribbed or plain. What kind of material. ANNO OCTAVO ET NONO VICTORIÆ REGINE. CAP. CXXVIII. An Act to make further Regulations respecting the Tickets of [9th August, 1845.] WHEREAS by an Act passed in the fifth year of the reign of King George the 5 Geo. IV. c. Fourth, intituled "An Act to consolidate and amend the laws relative to the 96. Manufacturer to deliver with warp a ticket of work. Ticket to be arbitration of disputes between masters and workmen," it was enacted, amongst other things, that "with every piece of work given out by the manufacturer to a workman to be done there shall (if both parties are agreed) be delivered a note or ticket in such form as the said parties shall mutually agree upon:" And whereas it is expedient that, so far as relates to silk weavers, such further provision should be made for delivery to them of a note or ticket of work as hereinafter is expressed: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that from and after the first day of January in the year one thousand eight hundred and forty-five, when any manufacturer of silk goods or of goods made of silk mixed with other materials, or the agent of any such manufacturer, gives out to a weaver of such goods a piece of warp to be woven, such manufacturer or agent shall at the same time deliver to such weaver (unless both parties shall by writing under their respective hands agree to dispense therewith) a printed or written ticket, signed by such manufacturer or agent, containing the following particulars of the agreement between such manufacturer or agent and such weaver; (that is to say), The count or richness of the warp or cane. The number of shoots or picks required in each inch. The name of the manufacturer, or the style of the firm under which he The weaver's name, with the date of the engagement. And the price in sterling money agreed on for executing each yard imperial standard measure of thirty-six inches of such work in a workmanlike manner. And such manufacturer or agent delivering such ticket shall make or cause to be made, and shall preserve until the work contracted to be done shall have been completed or paid for, a duplicate of such note or ticket. II. And be it enacted, that in the event of any dispute between the manuevidence in facturer or his agent and the workmen, such ticket and the said duplicate cases of dis- thereof shall be required to be produced, and shall, together or either of them, be evidence of all things mentioned therein, or respecting the same. pute; and work to III. Provided always, and be it enacted, that where the subject of dispute be produced relates to the alleged improper or imperfect execution of any work delivered to in order to any manufacturer or his agent, such piece of work shall be produced, in order to adjudication. adjudication, or if not produced shall be deemed and taken to have been suffi Power of witnesses. ciently and properly executed. IV. And be it enacted, that if any of the parties to the said complaint shall make summoning oath before any justice having cognizance of such complaint that he or she believes that the attendance of any person as a witness will be material to the hearing of such complaint, such justice may summon such person, having been paid or tendered a reasonable sum for his expenses, to appear and give evidence on oath before him at a time and place set forth in the said summons; and if any person so summoned shall not appear at the time and place set forth in the said summons, and shall not make excuse for the default to the satisfaction of such justice, and if the due service of the summons be proved, or if such person |